Last amended July 1, 2017 · Last verified July 28, 2026
In one sentenceK.S.A. 60-231 lets a party depose a witness by written questions instead of live oral examination, setting deadlines for serving cross, redirect, and recross questions and directing the officer to put those questions to the deponent and certify the answers.
(1)Without leave. A party may, by written questions, depose any person, including a party, without leave of court except as provided in subsection (a)(2). The deponent's attendance may be compelled by subpoena under K.S.A. 60-245, and amendments thereto.
(2)With leave. A party must obtain leave of court, and the court must grant leave to the extent consistent with K.S.A. 60-226(b)(1) and (2), and amendments thereto:
(A)If the parties have not stipulated to the deposition and:
(i)The deponent has already been deposed in the case; or
(ii)the party seeks to take the deposition before the time specified in K.S.A. 60-216(b), and amendments thereto; or
(B)if the deponent is confined in prison.
(3)Service; required notice. A party who wants to depose a person by written questions must serve them on every other party, with a notice stating, if known, the deponent's name and address. If the name is unknown, the notice must provide a general description sufficient to identify the person or the particular class or group to which the person belongs. The notice must also state the name or descriptive title and the address of the officer before whom the deposition will be taken.
(4)Questions directed to an organization. A public or private corporation, a partnership, an association, a governmental agency or other entity may be deposed by written questions in accordance with K.S.A. 60-230(b)(6), and amendments thereto.
(5)Questions from other parties. Any question to the deponent from other parties must be served on all parties as follows: cross-questions, within 14 days after being served with the notice and direct questions; redirect questions, within 14 days after being served with cross-questions; and recross-questions, within 14 days after being served with redirect questions. The court may, for good cause, extend or shorten these times.
(b)Delivery to the officer; officer's duties. The party who noticed the deposition must deliver to the officer a copy of all the questions served and of the notice. The officer must promptly proceed in the manner provided in K.S.A. 60-230(c), (e) and (f), and amendments thereto, to:
(1)Take the deponent's testimony in response to the questions;
(2)prepare and certify the deposition; and
(3)send it to the party, attaching a copy of the questions and of the notice.
(1)Completion. The party who noticed the deposition must notify all other parties when it is completed.
(2)Filing. A party who files the deposition must promptly notify all other parties of the filing.
Amendment History
L. 1963, ch. 303, § 60-231; amended by Supreme Court order dated July 20, 1972; L. 1987, ch. 218, § 3; L. 1997, ch. 173, § 14; L. 2010, ch. 135, § 100; L. 2017, ch. 75, § 6; July 1.
Plain-English Summary
Written-question depositions work like oral depositions in most respects -- a party can depose any person, including another party, without leave of court except in the same three situations that require leave under K.S.A. 60-230: the deponent has already been deposed, the deposition is sought early against a nonparty, or the deponent is in prison. The difference is in the mechanics of the questioning itself. Instead of an attorney asking questions live, the noticing party serves written questions on every other party along with a notice identifying the deponent (or a description sufficient to identify the person) and naming the officer who will take the deposition.
Other parties get their turn on a fixed schedule. Cross-questions are due within 14 days of being served with the notice and direct questions, redirect questions within 14 days of the cross-questions, and recross-questions within 14 days of the redirect questions -- though the court can shorten or extend any of those windows for good cause. An organization can be deposed this way too, following the same designation procedure set out in K.S.A. 60-230(b)(6).
Once all the questions are in, the noticing party delivers them and the notice to the officer, who takes the deponent's testimony in response, then prepares and certifies the deposition following the same procedures K.S.A. 60-230 sets out for review, certification, and delivery. The noticing party has to tell every other party once the deposition is complete, and whoever files it with the court has to notify the other parties of that filing too.
Frequently Asked Questions
How is a deposition by written questions different from a regular deposition?
Instead of live oral examination, the parties serve written questions in advance and an officer asks the deponent those questions, recording the answers verbatim. K.S.A. 60-231(b) directs the officer to follow the same procedures for taking, certifying, and delivering the deposition that apply to oral depositions.
How long do I have to submit cross-questions to the other side's written deposition?
Subsection (a)(5) gives 14 days after being served with the notice and direct questions to serve cross-questions, another 14 days after that for redirect questions, and a further 14 days for recross-questions, though the court can shorten or lengthen these periods for good cause.
Do I need leave of court to depose someone by written questions?
Generally no. Leave is required only if the deponent has already been deposed in the case, if the deposition is sought against a nonparty earlier than K.S.A. 60-216(b) contemplates, or if the deponent is confined in prison.
Can I depose a corporation or government agency by written questions?
Yes. Subsection (a)(4) allows an organization to be deposed by written questions using the same designation procedure set out in K.S.A. 60-230(b)(6), where the organization names someone to answer on its behalf.
What happens after the officer takes the deponent's answers?
The officer prepares and certifies the deposition and sends it to the noticing party along with copies of the questions and notice. The noticing party must then notify all other parties that the deposition is complete, and whoever files it must notify the others of the filing.
Source & verification. Section text is reproduced verbatim from the
Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026.
· Official source
Also known as:written deposition kansasdeposition by written questionscross questions deadline kansasdepose witness without oral examinationrecross questions deposition